Teen accused in beating

By Kristen Garrett, Calkins Media

Monday

May 14, 2007 at 12:01 AM

BEAVER - Charges of attempted criminal homicide and aggravated assault against a New Sewickley Township teenager were held for court after a preliminary hearing Friday in Beaver County Court.Anthony J. "Tony" Born, 17, of 589 Pine Run Road is accused of severely beating Daniel Kaufman, an 11th-grader at Freedom Area High School, on April 24.Kaufman testified that he was walking through the parking lot of Freedom Area Middle School when he heard a car drive up behind him and Born got out. "Before I knew it, he was in my face," Kaufman said. "All I do remember is his fist went flying, and it struck me in the face."Kaufman - who underwent brain surgery for epilepsy two years ago - said he blacked out and doesn't remember anything until emergency responders arrived to help him.Witness Nancy Chamberlain said she was working in the middle school when she saw Born approach Kaufman and hit him in the head five or six times. She testified that after Kaufman fell to the ground, Born then kicked him in the head four or five times.Chamberlain, who knows Kaufman and Born, said she called 911 and ran outside. "By then, Tony was already gone. He left Dan lying there," she said.Kaufman didn't have a chance to fight back or defend himself, Chamberlain testified.Kaufman was flown to Children's Hospital of Pittsburgh, where he said he was treated for a shattered cheekbone, broken nose and ruptured blood vessels in an eye. Kaufman said he and Born, who had been friends, had had some previous arguments over Born's girlfriend. Kaufman testified that Born also knew about his previous brain surgery and knew that Kaufman was cautious about avoiding any possible head injuries.Defense attorney Gerald Benyo argued the charge of attempted homicide should be dropped because prosecutors failed to show that Born made a serious attempt to cause Kaufman's death, and Born did not have a weapon.Assistant District Attorney Kevin Kindred argued that testimony showed that Born kicked Kaufman in the head after he was on the ground. "Even under the best of circumstances, to a healthy person, that's enough for attempted homicide," Kindred said.In addition to the attempted criminal homicide and aggravated assault charges, District Judge Edward Howe also held charges of simple assault and reckless endangerment for court. Howe dropped charges of resisting arrest, fleeing and eluding police and harassment.Born was returned to the county jail on $50,000 bond.Kristen Garrett can be reached online at kgarrett@timesonline.com.

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